§ 91.07. Amplified sound permit.

(A)

Permit required.

(1)

It shall be unlawful for any person to sponsor, promote, supervise, participate in or produce outdoor amplified sound in the town exceeding the dB(A) levels established in § 91.03(A) chart for "Allowable dB(A) without amplified sound permit" without having first secured an amplified sound permit under this section.

(2)

Permits issued under this section shall allow sound limits within the standards of § 91.03.

(3)

A minimum of 14 days before an event where outdoor amplified sound is to be used, the person, business or nonprofit organization sponsoring or promoting the event shall apply to the town for a permit authorizing the outdoor amplified sound. The 14-day period may be waived by the town for applications filed under the expedited process provided in subsection (A)(4) of this section. The application for the permit shall state the following:

(a)

Name of the sponsoring person or organization;

(b)

The proposed date or dates and time for the event utilizing outdoor amplified sound;

(c)

The proposed location of the outdoor amplified sound;

(d)

The estimated number of people who will attend the event;

(e)

The type of outdoor amplified sound to be offered;

(f)

The location, type and numbers of musical instruments to be involved in the outdoor amplified sound;

(g)

The location and orientation of all devices to transmit amplified outdoor sound, including, but not limited to, loud speakers or any other non-amplified instrument or device, including but not limited to drums and other percussion devices, whether amplified or not, for the purpose of creating noise at any performance, show, sale or display of merchandise involving outdoor amplified sound; and

(h)

The direction that the outdoor amplified sound will project.

(4)

Failure to apply a minimum of 14 days prior to the date of the first proposed use of amplified outdoor sound at an event shall be grounds for denial of the application. Applicants who fail to meet the 14-day minimum may be granted a permit through a special expedited process upon payment of an additional fee to offset the town's staff costs of processing an expedited application.

(5)

Annual outdoor amplified sound permit. A business owner or operator within a nonresidential zoning district may apply for an annual outdoor amplified sound permit if the business provides events with amplified outdoor sound in a consistent manner. The application shall include the information listed in subsection (A)(3) of this section.

(6)

The applicant shall pay a fee for the investigation and processing of each permit and activities hereunder for each application.

(B)

Issuance and expiration.

(1)

The applicant shall be the individual property owner, tenant or appointed agent responsible for the event. The applicant must designate on the application form a natural person who will be responsible for the permit holder's compliance with the terms of this article. This person shall be known in this article as the "monitor" and shall be an agent of the permit holder if he himself or she herself is not the permit holder.

(2)

The application for an outdoor amplified sound permit shall be investigated by the Building Inspector and the Chief of Police. The Town Clerk shall issue a permit allowing outdoor amplified sound to the applicant if the Building Inspector and the Chief of Police find as a fact that the proposed outdoor entertainment meets the following standards:

(a)

The location and use of electrical equipment in connection with the outdoor entertainment meets the state's Electrical Code.

(b)

Sound speakers will be elevated not more than ten feet off the ground.

(c)

Sound speakers and amplified equipment will be arranged so as to minimize the disturbance to residences resulting from the orientation of amplifying equipment.

(d)

The proposed site for the outdoor amplified sound is adequate for the number of people estimated to be in attendance and that adequate safety precautions have been provided for by the person sponsoring or promoting the entertainment.

(e)

The proposed outdoor amplified sound will not interfere with the operations and functions of any hospital, rest home, family care home, group care facilities, private or public schools or day care centers.

(3)

Any permit issued pursuant to this section shall be valid only for the dates and time indicated in the permit. Upon expiration of a permit, a new application for a permit and an application fee is required for additional events on the property where amplified sound will be used, subject to the limits on the number of events on a lot in § 91.03(B). Annual outdoor amplified sound permits in non-residential zoning areas expire at the end of the calendar year for the year issued.

(a)

For properties in residential zoning areas, a permit shall be issued and be valid for up to two consecutive days only beginning on the first proposed date of use of amplified sound.

(b)

For properties in non-residential zoning areas, excluding properties for which an annual outdoor amplified sound permit has been issued, a permit shall be issued and be valid for up to seven consecutive days only beginning on the first proposed date of use of amplified sound.

(C)

Conditions.

(1)

In a residentially zoned area, if the estimated number of people attending the event where an outdoor amplified sound permit is required exceeds 99, the permit holders are required to pay to the town a fee calculated by the Town Manager to be the cost to the town, including overtime pay, of assigning a police officer full-time to monitor the event.

(2)

Permit holders shall agree to cooperate with the Police Department in enforcing this article by having the monitor available at the site during the entire time for which the permit has been issued and capable of assisting the police in enforcing this article. Failure of such monitor to be present or to assist the police in complying with the terms of the permit will be cause for the immediate revocation of said permit.

(D)

Revocation.

(1)

The Town Clerk shall have the authority to revoke any permit for outdoor amplified sound if he or she finds that the information stated in the application is incorrect, either when originally filed or at the time of the review by the Town Clerk, or that the terms and conditions of this article are not being complied with by the permit holder.

(2)

Upon revocation of the permit, the permit holder shall not thereafter sponsor, promote, supervise, participate in or engage in any outdoor entertainment in the town without having secured another permit from the town.

(3)

The Chief of Police or his or her designee shall have the authority to revoke any permit for outdoor entertainment if he or she finds that the noise created during an event exceeds allowable decibel levels or if he or she finds that the noise or a combination of noise and behaviors of participants constitutes a public nuisance, or if he or she notifies the monitor of a violation of this article or the conditions of the permit and the violation is not immediately abated and remains abated for the duration of the event.

(Ord. 08:007, passed 5-1-2008; Am. Ord. 09-04, passed 10-14-2009)

State law reference

Authority to regulate mass gatherings, see G.S. 130A-258.